On February 28, 2022, the Ontario legislature introduced Bill 88, Working for Workers Act, 2022 (Bill 88). If passed, Bill 88 will, among other changes, require employers to have a written electronic monitoring policy in place.
Deeth Williams Wallhttps://www.dww.com/articles/ontario-government-proposes-new-disclosure-requirement-regarding-electronic-monitoring-of
On February 10, 2022, the Ontario Superior Court of Justice (the Court) in 2788610 Ontario Inc. v Bhagwani et al., 2022 ONSC 905, issued an interlocutory injunction prohibiting Hemant Bhagwani, Fatima Bhagwani, 1727799 Ontario Inc. and Bombay Frankie Inc. (collectively, the Defendants), from using the term “Bombay Frankie” as the name of any restaurant or franchising business, social media account, or website.
Deeth Williams Wallhttps://www.dww.com/articles/ontario-superior-court-of-justice-grants-interlocutory-injunction-%E2%80%9Cbombay-frankie%E2%80%9D
On February 24, 2022, the Supreme Court of the United States (SCOTUS) issued its decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L. P., Case No. 20-915, holding that a lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration under 17 U.S.C. § 411(b)(1)(A), the safe harbor provision of the US Copyright Act.
Deeth Williams Wallhttps://www.dww.com/articles/us-supreme-court-evaluates-scope-of-safe-harbor-provision-for-mistakes-made-during
On March 3, 2022, the Government of Ontario announced the launch of a new board-governed agency, Intellectual Property Ontario. The new agency is meant to serve as a go-to resource of intellectual property (IP) expertise “to help researchers and companies maximize the value of their IP, strengthen their capacity to grow and compete in the global market”.
Deeth Williams Wallhttps://www.dww.com/articles/government-of-ontario-launches-new-intellectual-property-agency
June 17, 2022 is a significant day in Canadian trademark practice. Why? That day is the third anniversary of the coming into force of significant amendments to Canada’s Trademarks Act. Why should you care?
Deeth Williams Wallhttps://www.dww.com/articles/june-17-2022-coming-canada-are-you-ready
On January 17, 2022, the Ontario Superior Court of Justice (the Court) in Winder v Marriott International, Inc., 2022 ONSC 390, found no legally viable cause of action for intrusion upon seclusion against Marriott International Inc., Luxury Hotels International of Canada ULC and Starwood Canada ULC (collectively, Marriott) since it was not an intruder for the purposes of the tort of intrusion upon seclusion recognized in Jones v Tsige, 2012 ONCA 32.
Deeth Williams Wallhttps://www.dww.com/articles/ontario-superior-court-of-justice-finds-tort-of-intrusion-upon-seclusion-does-not-extend
On February 3, 2022, the Federal Court of Canada (the Court) issued its decision in UBS Group AG v Yones, 2022 FC 132, granting default judgement and finding that Unified Business Solutions Group Inc. (Unified) had infringed UBS Group AG’s trademark rights.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-of-canada-finds-trademark-infringement-of-ubs-group-ag%E2%80%99s-marks-confusion
On February 2, 2022, the Federal Court of Canada (the Court) released its decision in 1196278 Ontario Inc DBA Sassafraz v 815470 Ontario Ltd DBA Sassafras Coastal Kitchen & Bar, 2022 FC 116. In that decision, the Court granted declaratory and injunctive relief, and nominal damages, for trademark infringement and depreciation of goodwill of the registered trademark SASSAFRAZ.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-of-canada-finds-infringement-and-depreciation-of-goodwill-of-sassafraz
On January 19, 2022, the Federal Court of Canada (Court) in Janssen Inc. v. Pharmascience Inc., 2022 FC 62, found a summary trial proceeding to be appropriate in determining the issue of patent infringement in an action under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court also clarified the parties’ burden on a motion for summary trial.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-of-canada-determines-patent-infringement-by-summary-trial-under-pmnoc
On January 17, 2022, the BC Financial Services Authority (BCFSA) issued a Discussion Paper on the reporting obligations for financial institutions with respect to information security (IS) incidents. In the Discussion Paper, BCFSA is considering implementing new mandatory reporting obligations for financial institutions.
Deeth Williams Wallhttps://www.dww.com/articles/british-columbia%E2%80%99s-financial-services-regulator-considers-implementing-stronger-measures
On February 2, 2022, the Government of Canada introduced Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (Bill C-11 or the Online Streaming Act), with the aim to support the next generation of Canadian artists and creators.
Deeth Williams Wallhttps://www.dww.com/articles/government-of-canada-introduces-online-streaming-legislation-to-support-next-generation-of
On January 17, 2022, in Cicada 137 LLC v Medjedovic, 2022 ONSC 369, the Ontario Superior Court of Justice (the Court) decided on a procedural issue in relation to a claim by the plaintiff, Cicada 137 LLC (Cicada), that the 19-year old defendant allegedly stole $15 million in cryptocurrency tokens. In the decision, the Court confirmed Cicada’s entitlement to inspect devices seized under an Anton Piller order despite delivery of a notice of motion by the defendant’s parents seeking to set aside the order.
Deeth Williams Wallhttps://www.dww.com/articles/ontario-superior-court-of-justice-deals-delays-potential-%E2%80%9C-code-law%E2%80%9D-cryptocurrency-case
On January 7, 2022, Health Canada issued a notice of consultation for proposed amendments to the Medical Device Regulations. According to the notice, the proposed amendments will deliver on commitments outlined in the Health and Biosciences Regulatory Review, which focuses on modernizing the existing regulatory frameworks for medical devices and drugs.
Deeth Williams Wallhttps://www.dww.com/articles/health-canada-issues-notice-of-consultation-on-upcoming-proposed-amendments-to-medical
On January 26, 2022, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that Dark Web marketplace Canadian HeadQuarters (CanadianHQ) was taken offline following the CRTC’s execution of warrants. The CRTC’s Chief Compliance and Enforcement Officer also announced penalties totalling $300,000 to four Canadians for their involvement in CanadianHQ.
Deeth Williams Wallhttps://www.dww.com/articles/crtc-investigation-leads-to-casl-penalties-and-closing-of-dark-web-marketplace
On January 7, 2022, the Federal Court of Canada (the Court) in Kobold Corporation et al v NCS Multistage Inc, 2021 FC 1437, interpreted the defence of prior use in a patent infringement action for the first time since the 2018 amendments to Section 56 of the Patent Act.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-interprets-prior-use-defence-under-section-56-of-patent-act-for-first-time
On January 13, 2022, the Federal Court of Appeal of Canada (FCA) issued its decision in Pyrrha Design Inc. v Plum and Posey Inc., 2022 FCA 7, holding that the Federal Court (FC) did not err in its analysis on the issues of originality and infringement of jewellery designs.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-relating-to-copyright-infringement-of-jewellery
On January 10, 2022, the Federal Court of Canada (the Court) in Mainstreet Equity Corp. v Canadian Mortgage Capital Corporation, 2022 FC 20, dismissed an action by Mainstreet Equity Corporation (Mainstreet) for expungement of a registered trademark and passing off.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-dismisses-claim-for-passing-off-and-trademark-expungement-on-summary-trial
On January 10, 2022, the Canadian Competition Bureau (the Bureau) and Health Canada’s Health Products and Food Branch (the HPFB) issued a joint notice to stakeholders on their continued collaboration to support Canadians’ access to safe, effective, and affordable pharmaceuticals and biologics.
Deeth Williams Wallhttps://www.dww.com/articles/competition-bureau-and-health-canada-issue-joint-notice-on-continued-collaboration